Martin County Commission approves extending distance sex offenders must live from schools
MARTIN COUNTY — County commissioners Tuesday unanimously approved extending the distance sex offenders must live from schools and childcare facilities.
The new rule requires people on the sex offender registry to live 2,500 feet away from schools instead of 1,000 feet, which is Martin County's current requirement.
The new ordinance will take effect Sept. 5.
Previously: Sheriff Snyder proposes change to Martin County's rules for where sex offenders can live
Sex offenders arrested: Compliance checks of sex offenders yield more than a dozen arrests in St. Lucie County
David Arthur, a senior assistant county attorney, said the new ordinance requires people on the sex offender registry to live at least 2,500 feet away from a public or private kindergarten, elementary, middle, high school or child care facility.
The law targets sex offenders. Sex predators are already required to live further than 2,500 feet away from schools or child-care centers.
A person registered as a sex offender has usually been convicted of a crime such as child pornography or persuading someone under 18 to engage in prostitution, and has no prior criminal history.
Sex predators are sex offenders who are convicted of a first-degree felony related to sexual misconduct, such as rape.
Requirements for landlords
The law also applies to sex offenders living on rental properties and mandates landlords to do background checks on prospective tenants.
Sgt. Dan DuLac, who is head of the Special Victims Unit of the Martin County Sheriff's Office, said landlords could also face legal consequences if they allow a sex offender to live within 2,500 feet of the child-safety zones outlined in the statute.
"If a landlord knowingly allows a sex offender to live within the residency ... against the restrictions, they can also be found to be responsible," DuLac said.
Sex offenders must also maintain at least a 300-foot distance from area schools, childcare facilities, and school bus stops where children under 16 years of age are present, under the new ordinance.
It requires sex offenders not access county and municipal parks when children under 16 years old are present, unless the sex offender is the parent or legal guardian of a child present in the park.
Sheriff William Snyder proposed the change in a letter to County Administrator Taryn Kryzda April 1 because he said Martin was the sole county on the Treasure Coast allowing registered sex offenders to live 1,000 feet from schools.
"We have out-of-county predators and offenders moving into our county, because our restrictions are less tolerant,” Snyder said last month.
Restrictions in St. Lucie and Indian River counties require people on the sex offender registry to live 2,500 feet away from schools and childcare facilities.
Commissioners almost immediately approved the ordinance after listening to a summary of what it would do, Arthur said.
Commissioner Ed Ciampi said he was eager to have Martin's rules in line with other regions.
"When I first had the opportunity to speak with staff about this, I was actually surprised that we were in the certain circumstances that we are," Ciampi said. "what Mr. Arthur just said earlier, bears repeating that from Miami to Vero Beach which encompasses hundreds of miles and millions of people, we're the only county that has left this open at this level."
Current residents won't be kicked out of homes
DuLac said the Sheriff's Office is "ready to enforce (the change) as written."
DuLac said sex offenders moving into Martin County prior to Sept. 5 can still find a residence at least 1,000 feet away and those already residing between 1,000 and 2,500 feet will be grandfathered into the system.
"It only applies to anyone establishing a new residence after the Sept. 5 date," he said. "We're not going to retroactively kick people out of their homes."
Law enforcement would measure the distance a sex offenders residence is from a school by measuring how far away it is in a straight line, DuLac said.
"It doesn't matter how windy the roads are," DuLac said. "It's from point-to-point, a straight line, is this 1,000 feet? And then ultimately, once the ordinance goes in effect, it will be 2,500 point-to-point."
DuLac said he's not aware of any cases, in which a convicted sex offender committed another sex crime while being within 1,000 feet of a school.
Commission Chair Doug Smith said Martin County should urge the state to change its laws that only require sex offenders to live 1,000 feet away from schools and childcare facilities.
"It ought to be a statewide requirement from the state legislature to say all 67 counties should be consistent, so there's a there's not one county does it one way, one county does a different way," Smith said. "Why not have a uniform application across the state."
Florida law for sex offenders
Sexual offenders are prohibited from living within 1,000 feet of a school, child care facility, park or playground. (Treasure Coast counties now require 2,500 feet)
Sexual offenders must update registration within 48 hours of a change of address
Sexual offenders must complete registration forms with their local sheriff's office up to four times a year
Juvenile sexual offenders have to register if they've been convicted as an adult for a qualifying sexual offense and meets the criteria in Florida state law to register as an adult sexual offender or predator or was adjudicated delinquent on or after July 1, 2007 for a qualifying sexual offense in Florida or a similar offense in another jurisdiction when he or she was 14 years of age or older at the time of the offense
Source: State FDLE guidelines for registered sex offenders
Mauricio La Plante is a breaking news reporter for TCPalm focusing on Martin County. Follow him on Twitter @mslaplantenews or email him at Mauricio.LaPlante@tcpalm.com
This article originally appeared on Treasure Coast Newspapers: How far away do sex offenders have to live from schools?
